Excerpt: ... facts. "Under the Government Claims Act (Gov.Code, S 810 et seq.), there is no common law tort liability for public entities in California; instead, such liability must be based on statute." (Guzman v. CounO' of Monterey (2009) 46 Cal.4th 887, 897, citing Gov. Code 5 815(a) C" "Except as otherw•lse provided by statute: A public entity is not liable for an injuty, whether such injury arises out of an actor omission of the public entity.m"].) A ...

Excerpt: ...Con Media ABC Trust ("Trust') demurs to the first through third causes of action for declaratoty relief on the ground that they pertam to past wrongs. "If there is a controversy that calls for a declaration ofrights, it is no objection that past wrongs are also to be redressed; but there is no basis for declaratory relief where only past wrongs are involved." (Osseous Technologies of America, lnc v. DiscoveryOrtho Partners LLC (2010) 191 CalApp.4...

Excerpt: ...e, Nos. 13-16, 34, and 35, which are set forth below: No. 13 All DOCUMENTS IDENTIFYTNG [sic] repurchases made by YOU of the 2014 GMC Sierra vehicles and allegedly containing any of the conditions, defects, or nonconformities for which Plaintiff presented the SUBJECT VEHICLE to YOU for repair. (For purposes of this request, the term "IDENTIFYING" seeks documents establishing the name of the complaining PERSON , the complaints made by such PERSON(S...

Excerpt: ... FOR SUMMARY ADJUDICATION All evidentiaty objections are OVERRULED. Defendant Kia America, Inc. moves for summary adjudication with respect to the fourth cause of action for fraudulent inducement based on concealment, the fifth cause of action based on intentional misrepresentation, and the claim for punitive damages. Defendant contends that the fourth and fifth causes of action are barred by the economic loss rule. As our Supreme Courtheld in Er...

Excerpt: ...o Coun)' Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Defendant LASD, a public entity, contends that plaintiff Emily Diane Leatherman fails to plead a statutory basis for liability. In a caption page contained within the Complaint, plaintiff purports to assert causes of action for mental harassment, physical harassment, emotional and psychological harassment, stalking, extortion, forcing action by illegal means, cyber bullying, and online hara...

Excerpt: ... Cause, pursuant to which plaintiff Chris Nelson would be required to demonstrate why an appropriate sanction should not be imposed against him for purportedly violating the protective order entered on 4/11/22. (Strub Decl. 5 & Ex. A ["Protective OrdeÜ].) At issue are certain portions of defendant's deposition testimony that plaintiff allegedly disclosed publicly. In applymg for an order to show cause re: contempt, "[w]hen the contempt is not co...

Excerpt: ...nly for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code S 452(d); Sosins&v v. Grant (1992) 6 CalApp.4th 1548, 1564-69.) Plamtiff Solomon Aflalo and purported third party intervenors, the Ruffulo plaintiffs, move to modi$ the protective order entered in the instant action. Movants seek to modi$r the defimtion of "Proceeding' to include the Ruffulo action and the definition of "Court' to include the U....

Excerpt: ...et one, Nos. 1-3, 12-21, 30-33, 35, 40, 61, 62, 69, 71, 72, 74, 77, 78, 80, 90- 94, and 96. As a preliminaty matter, plaintiffs general objections based on the attorney-client privilege and the attorney work product doctrine were timely, even though the privileges were not asserted in the separate initial responses to each request (Bardavid Decl. 3 & Ex. B at 2:3-6; Korea Data Systems Co. v. Superior Court (1997) 51 Cal.App.4th 1513, 1516 [findin...

Excerpt: ....4th 897, 912, fn. 8 [taking judicial notice ofrecords of administrative agency pursuant to Evidence Code S 4520.) Defendants' evidentiary objections are OVERRULED. ISSUE NO. 1 : Whether The Third Cause of Action For Sexual Harassment In Violation ofthe FEHA Is Time-Barred Because No Actionable Conduct Took Place Within the Statutory FEHA Limitations Period. (UMF 1-14) Defendants City of Bell Gardens ("City') and William Koholokula maintain that ...

Excerpt: ...espass are: (1) the plaintiffs ownership or control of the property; (2) the defendant's intentional, reckless, or negligent entry onto the property; (3) lack of permission for the entry or acts in excess of permission; (4) harm; and (5) the defendant's conduct was a substantial factor in causing the harm." (Ralphs Grocery Co. v. Victory Consultants, lnc (2017) 17 CalApp.5th 245, 262.) Defendant Spectrum Pacific West, LLC contends that plaintiff ...

Excerpt: ...C (2020) 53 Cal.App.5th 486 that equitable estoppel applied to the arbitration provision in the form Retail Installment Sale Contract (“RISC”). (See Ford Motor, 2023 WL 2768484 at 4 [“We respectfully disagree with Felisilda's analysis for the following reasons”].) Defendant Hyundai Motor America relies on Felisilda in asserting that equitable estoppel applies. (Mtn. at 9:15-10:10; Reply at 1:9-5:20.) “Decisions of every division of the ...

Excerpt: ...he First Amended Cross-Complaint. With respect to the third cause of action, Enriched Design argues that unjust enrichment is not a cause of action. Unjust enrichment has been recognized as a cause of action in the relatively recent case of Professional Tax Appeal v. Kennedy‐Wilson Holdings, Inc. (2018) 29 Cal.App.5th 230, which was cited by cross-complainant HSD Investors, LLC (“HSD Investors”). (Professional Tax Appeal, 29 Cal.App.5th at ...

Excerpt: ...causes of action for breach of contract, cross-complainants GOSH Enterprises, Inc. and BBB Operating CA-1, LLC (“Guarantor” and “Tenant,” respectively) base this cause of action on the covenant of good faith and fair dealing implied in all contracts. (XC ¶¶ 37, 46.) Cross- complainants allege that Landlord unreasonably refused to secure or negotiate with potential replacement tenants and to negotiate a workout or early termination of th...

Excerpt: ...sion, Set One is GRANTED IN PART. I. PLAINTIFF SOLOMON AFLALO'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO Plaintiff Solomon Aflalo moves to compel further responses from defendant Farmers Group, Inc. to Requests for Production of Documents, Set Two, Nos. 1-8, as set forth below: REQUEST FOR PRODUCTION NO. 1: A DOCUMENT, or set of DOCUMENTS, showing that defendants have been made aware of formal or informa...

Excerpt: ...628910 Third Amended Complaint) are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Cross-complainants' requests to take judicial notice of Exhibits C (BC628910 Request for Dismissal), D (SC127659 Request for Dismissal), E (BC679542 Request for Dismissal), F (SC127659 Judgment), and H (21STCV39787 Request for Dism...

Excerpt: ...l was initially set for November 7, 2022. (8/13/21 Minute Order.) Under CCP § 2024.020(a), discovery closed 30 days before the day initially set for trial. Accordingly, the discovery cut-off date was October 10, 2022. (CCP §12a [deadlines falling on Saturday moved to next court day].) As a preliminary matter, plaintiff argues that defendant did not meet and confer before filing this motion, as required by CCP § 2024.050(a). The Court disagrees...

Excerpt: ...ndez Jr.'s sole cause of action for Violation of the Magnuson-Moss Warranty Act (“Magnuson- Moss”) references or relies on Song-Beverly, such reference or reliance is improper. The Court previously found on summary judgment that, in accordance with Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, plaintiff may not invoke Song-Beverly because plaintiff purchased the vehicle used. (8/9/22 Minute Order; Rodriguez, 77 Cal.App.5th at 222- 23.) ...

Excerpt: ...ichael Bragafs Motion to Deem Requests for Admission Admitted is GRANTED. 1. MOTION TO COMPEL INITIAL RESPONSES TO (1) FORM INTERROGATORIES, SET ONE AND (2) REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE Plamtiff Michael Bragar moves to compel initial responses from defendants Christopher D. Mitchell, Westlake Capital Paftners, Inc„ and Bitcoin Advizers LLC to Form Interrogatories, Set One and Requests for Production of Documents, Set One, which...

Excerpt: ...ice Private Duty Agency, Inc. ("Family Choice") to Form Interrogatories, Set One Nos. 1.1, 3.1, 3.6, 3.7, 4.1, 9.1, 9.2, 12.1-12.4, 12.7, 15.1, 16.1, 16.2, 16.3, 16.10, 50.1(a), 50.10, and 50.2. As a prelimmary matter, Easton contends that Family Choice's verification is insufficient because it was based on information and belief. Easton cites no authority supporting this proposition. Arguments without any legal authority are without merit (Kensi...

Excerpt: ...in this action by electronically signmg the Agreement on Alternative Dispute Resolution, which incorporates the Employment Dispute Arbitration Procedure. (Prybyla Decl. 13 & Ex. A.) Plaintiff does not deny signing the Agreement Rather, plaintiff opposes the motion on the ground that she believes the Agreement is procedurally and substantively unconscionable. (See Civ. Code S 1670.5(a) An arbitration agreement must be both procedurally and substan...

Excerpt: ...n for Issue and Monetary Sanctions agamst Defendant The Onei Entertainment Inc. is IN PART. Plamtiff 12 Albany, LLC moves for issue sanctions agamst defendants Chong Sang Eric Tak OG Farmz, Inc„ and The Onel Entertainment, Inc. based on the violation of a court order compelling responses to discovety. On December 13, 2022, the Court granted plaintiffs motions to compel responses from defendants to Form Interrogatories-General, Set One. (Chung D...

Excerpt: ... matters asserted therein. (See Evid. Code S 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants' request to take judicial notice of the Notice of Entw of Dismissal in Dina C Felisilda, et al, v. FCA US LLC, et al. is DENIED as "unnecessary to the resolution" of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 CalApp.5th 1048, 1075.) Defendants' evidentiary objections are OVERRULED. Defendant...

Excerpt: ...rty & Casualty Insurance Company's First Amended Complaint is GRANTED IN PART. Plamtiffs Zurich American Insurance Company and ACE Property & Casualty Insurance Company s Motion to Compel Deposition is DENIED. 1. DEMURRER AND MOTION TO STRIKE RE: PLAINTIFF ZURICH AMERICAN INSURANCE COMPANYS SECOND AMENDED COMPLAINT Defendant Mitsubishi Electric US, Inc.'s requests to take judicial notice of Exhibits A (Zurich's Second Amended Complaint), B (Compl...

Excerpt: ...closed demonstrated a violation of a state or federal statute, or a violation of a local, state, or federal rule or regulation (see Lab. Code S 1102.5(a), (b)) or that defendant retaliated agamst him for refusing to violate a law (see Lab. Code 5 1102.5(c)). Plamtiffs First Amended Complaint is based on his alleged retaliatory transfer out of the Professional Standards Division resulting from his report that the tactics used m the execution of a ...

Excerpt: ...ncess Gray to Form Interrogatories, Set One Nos. 1.1, 2.5, 2.6, 2.8-2.11, 4.1, 9.1, 9.2, 12.1, 15.1, 16.1, 16.2, 16.10, 50.10, 50.1(d), and 50.2-50.6. As a prelimmaty matter, Easton contends that Grays verification is insufficient because it was based on information and belief. Easton cites no authorivto support this proposition. Arguments unthout any legal authority are unthout merit (Kensington University v. Council for Private Postsecondary et...

Excerpt: ...eement"). (See Rice Decl. 2 & Ex 14 at S 13.5 ["Except as otherwise provided in this Agreement, any controversy betvveen the parties arising out of this Agreement shall be submitted to the American Arbitration Association for arbitration in Los Angeles, California or San Francisco, CA'].) For the reasons stated in that tentative ruling, the Court still finds thatto be the case. (2/14/23 Minute Order.) However, Kristoffer J. Kaufmann and Gary P. D...

Excerpt: ...laintiff/cross-defendant Family Choice Private Duty Agency, Inc. ("Family Choice") the genuineness of documents and the truth of matters set forth in Requests for Admission, Set One. However, on February 13, 2023, before the hearing on the instant motion, Family Choice served verified responses to Requests for Admission, Set One. (Hahn Decl. 8 & Ex. 2.) VVhen "a parv to whom requests for admission are directed fails to serve a timely response," "...

Excerpt: ...ration of Brian E. Cole II, the following concerns remain: 1. With respect to the fourth concern set forth in the December 22, 2022 Minute Order, plaintiff maintains that the PAGA Allocation of $3,750 is taken out of the Net Settlement Amount. (Supp. Wilson Decl. ¶ 4.) That explanation seems wrong in several respects. To begin with, the PAGA Allocation is $15,000, with $11,250 (i.e. 75%) going to the Labor and Workforce Development Agency (“LW...

Excerpt: ..., 2022. On September 15, 2022, the Court denied plaintiff's motion to compel further responses to Special Interrogatories, Set One, Nos. 12, 15, and 19. The Court did not award monetary sanctions to defendant because “defendant did not request any suggested amount of sanctions or any evidence from which to calculate an appropriate amount of sanctions.” (9/15/22 Minute Order.) Defendant attempts to remedy this defect with the instant motion. (...

Excerpt: ...emurring defendants Morris M. Beliakoff and John Beliakoff demur to the sole cause of action for negligence on the ground that the Complaint contains insufficient allegations to apprise them of the nature, source, and extent of the claim against them. (See Semole v. Sansoucie (1972) 28 Cal.App.3d 714, 719 [“The Supreme Court has consistently stated the guideline that ‘a plaintiff is required only to set forth the essential facts of his case w...

Excerpt: ...led to an award of reasonable attorney fees. “A trial court may not rubber stamp a request for attorney fees, but must determine the number of hours reasonably expended.” (Donahue v. Donahue (2010) 182 Cal.App.4th 259, 271.) Defendant seeks an award of $ 670,512.00, which includes the fees incurred in preparing the reply in support of the instant motion. As a threshold matter, the Court finds that the hourly rates claimed by defendant counsel...

Excerpt: ...Cal.App.5th 1048, 1075.) Defendant Nissan North America, Inc. moves to compel arbitration of plaintiffs' Fidencio L. Perez and Blanca Vazquez's claims against it. The Court finds that defendant has waived the right to seek arbitration. “When an arbitration agreement does not specify the time within which arbitration must be demanded, a reasonable time is allowed; a party who does not demand arbitration within a reasonable time is deemed to have...

Excerpt: ...claim, depending on the circumstances.” (Schrage v. Schrage (2021) 69 Cal.App.5th 126, 149.) The parties dispute whether the fourth cause of action is an individual claim or a derivative claim. Defendant maintains the fourth cause of action is a derivative claim, which is subject to pre-suit requirements. (Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995, 1004-05 [“[F]or a plaintiff to have standing to file a derivative action, it must alle...

Excerpt: ...ourt's 10/11/22 discovery order, wherein the Court ordered defendant American Honda Motor Co., Inc. to serve further responses to plaintiffs' Request for Production of Documents, Set One, Nos. 17, 18, 19, 20, 24, 25, 26, 55, and 56 within fifteen days of the order. (Neubauer Decl. ¶ 3.) The subject Requests are as follows: REQUEST FOR PRODUCTION NO. 17: All DOCUMENTS, including electronically stored information and electronic mails, concerning, ...

Excerpt: ...pp.5th 1048, 1075.) Defendant Nissan North America, Inc. moves to compel arbitration of plaintiff Susan Rivera's claims against it. Defendant fails to demonstrate that plaintiff agreed to arbitration of the claims asserted in the instant action. “The party petitioning to compel arbitration ‘bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence….' [Citation.]” (Higgins v. Superior Cou...

Excerpt: ...(1) the cause of action is not pled with particularity; and (2) the cause of action is barred by the economic loss rule. With respect to the first ground, the elements of a cause of action for fraud by omission are: (1) the defendant must have concealed or suppressed a material fact; (2) the defendant must have been under a duty to disclose the fact to the plaintiff; (3) the defendant must have intentionally concealed or suppressed the fact with ...

Excerpt: ...tration of plaintiffs Robert Leggins and Marita Leggins' claims against it under the provisions of the Retail Installment Sales Contract (“RISC”), which plaintiff Robert Leggins signed. It is undisputed defendant is not a signatory to the RISC between plaintiff Robert Leggins and dealer H.W. Hunter, Inc. (Azemoon Decl. ¶ 2 & Ex. A.) Generally, “one must be a party to an arbitration agreement to be bound by it or invoke it.” (Westra v. Ma...

Excerpt: ...ins that Kim McGinnis, the person who signed the proof of service of summons filed on December 9, 2022, is not a registered process server, contrary to the representation in the proof of service. Respondent also argues that the representation of personal service on December 7, 2022 contained in the proof of service is false. As a preliminary matter, respondent filed a reply on February 15, 2023, one court day before the hearing. Based on the hear...

Excerpt: ...�ZeniMax Defendants”) move for monetary sanctions in the amount of $8,459.34 against plaintiffs Ragnarok Game, LLC and ESDFOS, LLC, Candler, and Ellis George Cipollone O'Brien Annaguey LLP (“Ellis George”), jointly and severally. The ZeniMax Defendants contend that Candler previously agreed to sit for “one long day” of deposition on November 2, 2022, and possibly one more day of deposition on November 3, 2022. (Naydonov Decl. ¶ 4 & Ex....

Excerpt: ... defendant General Motors LLC to Requests for Production of Documents, Set One, Nos. 16-43, 45, and 46. Defendant argues that plaintiff did not meet and confer in good faith as they did not try to resolve any disputes. (Opp. at 4:15-17.) On November 8, 2022, after defendant served plaintiff with responses, plaintiff served defendant with a meet and confer letter. (Kreymer Decl. ¶ 8 & Ex. C.) Plaintiff set forth reasoning and analysis regarding w...

Excerpt: ...medium battering ram was not defectively designed. “[A] product is defective in design either (1) if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or (2) if, in light of the relevant factors discussed below, the benefits of the challenged design do not outweigh the risk of danger inherent in such design.” (Barker v. Lull Engineering Co. (1978) 20 Cal...

Excerpt: ...orth America (“Diocese”) to serve further responses to Requests for Production, Set Three, Nos. 90-94, 96-119, 121, 122, 124, and 126-131; and (2) compel plaintiff St. John Armenian Apostolic Church Hollywood, California (“Church”) to serve further responses to Requests for Production, Set Three, Nos. 98-102, 104-122, 124-127, 129, 130, 132, and 134-139. As a preliminary matter, defendant did not pay a separate filing fee for each of the ...

Excerpt: ... before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Plaintiffs UW International Corp., Crown Estate Holding, LLC, and Jay Hooper seek leave to file a First Amended Complaint (“FAC”). Plaintiffs seek to add an additional defendant, Mission N95 GP, and add additional causes of action. (Lee Decl. ¶¶ 7, 9 & Exs. 1-3.) Plaintiffs contend that Mission N95 Holdings, LLC may have been improperly formed a...

Excerpt: ...ution” of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) In any event, defendant STS asks this Court to take judicial notice of certain public records and certain statements of fact therein, but “[t]he hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or proper interpre...

Excerpt: ...sts for Production, Set One is GRANTED IN PART. I. MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE Plaintiff Tomecie Ydette Crockam, by and through her successor in interest Naomi Washington, moves to compel further responses from defendant Providence Health System – Southern California to Special Interrogatories, Set One, Nos. 1-4, 6-14, 22, 24, 26, 31, and 32. After the filing of the motion, defendant served supplementa...

Excerpt: ...this motion. (Kreymer Decl. ¶ 6 & Ex. C.) While plaintiff's meet and confer communications do not address the objections (Kreymer Decl. ¶¶ 5, 7 & Ex. B), CCP § 2025.450(b)(2) allows the moving party to file a meet and confer declaration or a declaration stating that the moving party contacted the deponent to inquire about the nonappearance. Here, defendant's Person Most Qualified (“PMQ”) failed to attend the deposition on the noticed date...

Excerpt: ...oes not constitute hearsay. Dennis Calles' averments concern what he told and what he provided to Michael Prew about the fact that plaintiff had a heart condition being treated at UCLA Medical Center-Mattel Children's Hospital, including open-heart surgery. Calles' statements to Prew, as well as the letter attached to the declaration, are not offered for the truth of the matter stated (i.e., whether plaintiff actually had a heart condition); rath...

Excerpt: ... as required by CCP § 430.41(a)(3). Even though defendant is self-represented, “mere self-representation is not a ground for exceptionally lenient treatment. Except when a particular rule provides otherwise, the rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984–85.) Cross-defendant Cheung is admonished to comply with t...

Excerpt: ... Compel Further Responses from Arte Milano Textile, Inc. to Requests for Production, Set One is GRANTED IN PART. Defendant/cross-complainant Federal Insurance Company's Motion to Compel Further Responses from Lavitex, Inc. to Requests for Production, Set One is GRANTED IN PART. Defendant/cross-complainant Federal Insurance Company's Motion to Compel Further Responses from Arte Milano Textile, Inc. to Special Interrogatories, Set One is GRANTED. D...

Excerpt: ... for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Plaintiff's evidentiary objections are OVERRULED. Plaintiff One Cal Plaza Owner, LLC moves for summary judgment, or in the alternative, summary adjudication as to the breach of lease, breach of guaranty, and declaratory relief causes of action. With respect to the third cause of acti...